Pursuant to the Agreed Entry and Order by Judge Ruehlman, Cincinnati Councilmembers Tamaya Dennard, Greg Landsman, Chris Seelbach, PG Sittenfeld, and Wendell Young – the self-proclaimed “Gang of Five” turned over emails between them.

What stands out is the substantial amount of public business being discussed and conducted in secret emails using private accounts rather than their city provided email accounts. We can only be so certain that we have in fact received all of the emails. As we know that Wendell Young deleted his text messages, we may never truly know whether the Gang of Five has turned over everything or not.

Read below or Use this dropbox link

[scribd id=403386369 key=key-VaOUJyWGyFAA09j3rQmy mode=scroll]

On Tuesday, March 26, 2019, Curt Hartman, of counsel attorney with Finney Law Firm, will represent Pat Meade before the Ohio Supreme Court. This suit seeks enforcement of Ohio’s Open Meetings Law (R.C. 121.22) to prohibit local governments from voting by secret ballot.

Meade brought suit in 2016 against the members of the Village of Bratenahl’s Village Council for violating Ohio’s Open Meetings Act by voting via secret ballot during an otherwise public meeting.

The Ohio Coalition for Open Government; the Reporters Committee for Freedom of the Press; and the Ohio Association of Broadcasters filed a friend of the court (amicus) brief in support of Ms. Meade as well.

In 2011, a Hamilton County Common Pleas Court found that secret ballot voting violates the Open Meetings Act. That same year, the Ohio Attorney General issued an opinion letter coming to the same conclusion. In this case, the Cuyahoga County Court of Common Pleas and Court of Appeals ruled that secret ballot voting is permissible. The question has never previously been before the Ohio Supreme Court. The Ohio Supreme Court will provide the final answer on this issue.

The Ohio Supreme Court live streaming feed is available here. The Court’s docket begins at 9 a.m. We expect oral argument in our case to begin at approximately 9:30 a.m.

Learn more about Finney Law Firm’s Open Meetings Law practice here.

Read our previous posts about the case here.

Learn more about the Ohio Coalition for Open Government here.

Learn more about the Reporters Committee on Freedom of the Press here.

Warren County Auditor Matt Nolan and the Finney Law Firm will give a presentation to the Real Estate Investor’s Association of Greater Cincinnati (REIAGC) covering the property valuation challenge process.

The correct valuation of real property can mean the difference between success and failure for residential and commercial landlords, and their tenants.

On Thursday, March 7, our attorney and Matt Nolan will discuss the procedure for bringing a challenge, issues to consider prior to bringing a challenge, and next steps if the initial challenge is not successful.

Click on this link to the REIAGC’s website for more information or to register to attend. Registration is free for members, $35.00 for non-members.

Learn more about Warren County Auditor Matt Nolan here. Learn more about Finney Law Firm’s Property Valuation practice here.

Medical records typically contain personal information that care providers must keep private in accordance with federal and state law. In most cases, only patients and their care providers may access these records without written permission.

Although most of these rules come from federal laws like the Health Insurance Portability and Accountability Act, or HIPAA, there are Kentucky state laws that also dictate how care providers should handle these records. The following are some of the general rules healthcare organizations in Kentucky must know and understand:

  • Access: The patient and his or her medical provider always have access to medical records. However, a patient may choose to release these records to another party, such as a spouse, the Social Security Administration or a military recruiter, by signing a release form.
  • Mandatory reporting: There are some diseases the state of Kentucky requires care providers to immediately report to the Cabinet for Health and Family Services. However, the cabinet must keep this information confidential, and it will not be available in public records requests.
  • Privileges: Counselor-patient and psychotherapist-patient privileges may apply to medical records in Kentucky, which means patients could prevent counselors or psychiatrists who know about their medical background from disclosing it or testifying about their mental or physical health.
  • Protective orders: Physicians, hospitals or patients in Kentucky may ask to limit or entirely prohibit the use of medical records via protective orders, which they must obtain through a court. Conversely, patients may also waive their right to privacy of their medical records, giving certain people access to them.
  • HIV/AIDS: Kentucky has specific rules regarding the testing and disclosure of HIV and AIDS. Each local public health department provides anonymous or confidential testing for HIV, along with counseling services for people who test positive for these diseases. There are limitations to the disclosure of these test results.

About Finney Law Firm, LLC

Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation.  FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.

FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.

For more information about Finney Law Firm, visit finneylawfirm.com.

Media Contact: Mickey McClanahan; [email protected]; 513.797.2850.

 

Attorneys for Cincinnati’s Gang of Five informed us today that Wendell Young and Tamaya Dennard have destroyed text messages responsive to our public records and discovery requests. Dennard claims to have accidentally dropped her phone in a swimming pool and Young simply and intentionally deleted his text messages.

 

It is our understanding that the messages were destroyed after we filed suit and submitted discovery requests seeking the text messages.  City attorneys were informed over a week ago about this issue, but chose to remain silent until today.

Within the context of Ohio’s Public Records law, destruction of public records is punished by a forfeiture of $1,000 per record. Within the discovery context, sanctions include a finding of contempt of court, fines, and in extreme instances, jail time.

City lawyers claim that they are working to recover the messages if possible, but that leaves questions as to why they represented to the Court of Appeals just yesterday that they had turned over all of the text messages.

Finney Law Firm will also explore removal from office as a potential sanction for Young and Dennard.

A living will is a legal document that allows patients to provide healthcare providers with an outline of their wishes in the event they become incapacitated and unable to communicate their wishes themselves. The document often contains a provision for a person to be designated as healthcare power of attorney. This individual can speak on the patient’s behalf if he or she cannot do so.

Kentucky has specific living will laws as outlined in the Kentucky Living Will Directive Act. These are some of the highlights of this important law.

Legal requirements for a living will to be valid

In Kentucky, a valid living will must have four components:

  • The creator of the will (the testator) is an adult with testamentary capacity.
  • The living will is created in writing and is appropriately signed and dated.
  • The signing of the will must be witnessed by two or more unrelated adults in the presence of each other and the will creator (or acknowledged by a notary).
  • The document is in essentially the same form as outlined in Kentucky Revised Statutes Section 311.625.

Revoking a living will

Living wills are revocable in the same way that traditional wills are. Methods of revocation include:

  • A written declaration of revocation, signed and dated by the testator
  • An oral statement of an intent to revoke in the presence of at least two adults, one being a healthcare provider
  • Destruction of the existing living will with the intent to revoke it

Revocation is effective immediately. This action overrides any previous written healthcare directives.

It’s worth noting that healthcare providers may follow living wills or advance directives created outside of Kentucky, so long as those directives are consistent with generally accepted medical practices. If a doctor cannot follow the instructions of the living will, he or she must inform the patient and the family, and cannot impede transferring the patient to a healthcare facility or doctor who can comply with the instructions.

About Finney Law Firm, LLC

Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation.  FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.

FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.

For more information about Finney Law Firm, visit finneylawfirm.com.

Media Contact: Mickey McClanahan; [email protected]; 513.797.2850.

 

Attorneys for the City of Cincinnati today gave the Court of Appeals copies of the text messages responsive to our April 9, 2018 public records request.

Our request seeks communications between members of the self-proclaimed “Gang of Five” (Councilmembers Landsman, Sittenfeld, Dennard, Seelbach, and Young) and any other council member related to the official business of the City of Cincinnati between March 16 and March 18, 2018 (the days the two Gang of Five press releases were put out); and their communications with any other councilmember from March 1 to March 19, 2018 relating to or regarding Harry Black or John Cranley.

Gang of Five member Greg Landsman

The production to the Court will remain under seal until the Court determines which, if any, of the text messages are public records pursuant to Ohio’s Public Records Act, R.C. 149.43.

The Gang of Five argues that because the messages were sent and received using their personal phones, they cannot be considered public records, no matter their content.

In addition to the in camera production, the parties submitted joint stipulations of fact and law to aid the Court’s review. Read the stipulations below or on scribd here.

Notably, the Gang of Five admits to texting other councilmembers about John Cranley and Harry Black during City Council meetings; and that some of these text messages have not been produced in response to our public records request.

We will file a motion for summary judgment by next Monday, the Gang of Five will have one week to oppose our motion, and we will file our reply memo a week after that. Once fully briefed, the case will be set for decision by a three judge panel. We are hopeful that the case will be decided by early January.

Read the Complaint here.

[scribd id=393632777 key=key-L6J2EJpwn01xoHYGWoqM mode=scroll]

Written By: Todd V. McMurtry

We do everything in our power to make our clients happy! Our services will increase your bottom line! Big or small, we handle it all! As a professional, your personal website or company page is an essential link for those seeking or already utilizing your services. There they can find out more about you, your business, and why you’re better than your competitor. While the preceding example claims are attention-grabbing, they can also mean extra trouble if an unhappy client decides to take you to court. How? In her article “Avoiding website claims that increase malpractice risk,” CPA Deborah K. Rood outlined many of these risks as they applied to accountants. For lawyers, the American Bar Association’s Model Rules of Professional Conduct provide general guidance. Rule 7.1 prohibits a lawyer from making “a false or misleading communication about the lawyer or the lawyer’s services.” Ohio and Kentucky’s rules closely mirror the model rule. Violation of this rule could lead to a malpractice lawsuit. Listed below are the five most common claims plaintiffs’ attorneys cite in these cases. Could you be at risk?

  1. Misrepresenting your education and/or honors and awards

Did a few semesters at Harvard magically turn into a degree? A passing mention in a trade magazine suddenly become a nationally-recognized award? Skewing the facts a bit never hurt, right? Wrong. Doing so puts your livelihood and reputation at serious risk. There are three types of misrepresentation professionals can be sued for: fraudulent (deceitful), negligent (careless), and innocent (thoughtless). Although clients may not necessarily double-check a professional’s credentials, plaintiffs’ attorneys in malpractice suits certainly do. Protect yourself and your career. Only post provable, accurate information.

  1. Misrepresenting your experience and/or abilities

According to Michael Downey’s ABA article, “12 Tips for Reducing Online Dangers and Liabilities,” misrepresenting your experience or abilities is even more dangerous than false education or award claims. He goes on to state, “[i]ndividuals making claims against lawyers often use online boasting as exhibits in depositions and cases to suggest the lawyer was dishonest or misled a client…” This holds true for any profession, not just legal. A single experience with a particular type of client or area of practice does not an expert make. (In fact, even the use of the term “expert” can be called into question in a malpractice suit.) Stick with what you know and what you do well. Expand your knowledge base with practice and research before adding it to your professional repertoire.

  1. Using absolute/overly broad terms in statements

Many busy professionals use freelancers or marketing firms to create and manage their online presence. Advertisers love to try to set their clients apart from the competition with difficult-to-prove statements known as “puffery.” While it might be overlooked when it comes to laundry detergent, professional services are held to a higher code of ethics. Carefully review any “marketing” copy created for your professional website or page. Look out for any word that immediately sets up unrealistic client expectations such as:

  • all
  • every
  • always
  • constant
  • never

Also, be careful to avoid overly-broad statements or announcing competency criterions within your field. Overly broad claims run the risk of overpromising and underdelivering, the typical spark for a malpractice claim. Some situations may warrant a different approach or the usual standard may not be appropriate. As suggested by Rood, stick to phrases such as “may,” “often should,” “endeavor to,” or “generally” in your web copy instead.

  1. Implying influence over a client’s success

Is your client seeing positive results since working with you? Great, just don’t take all the credit. Client success is the result of many variables, of which your services may be only one. While part of growing a business means sharing your victories, professionals must be careful when claiming their services lead to client profitability. The easiest way to avoid this is to ask for client testimonials that can be posted directly on your website or page. According to Entrepreneur magazine, 85 percent of small businesses rely on word-of-mouth referrals. Third-party accolades are a powerful display of your credibility (not to mention free advertising) while keeping expectancies realistic.

  1. Not monitoring what others say on your site

Finally, just because you personally did not post a claim made on your site doesn’t mean you wouldn’t be held liable for it in a malpractice suit. Allowing fraudulent claims on your website or page is akin to you as a professional endorsing it. All businesses should perform a “content audit” of its web presence. While this is usually suggested as part of a marketing exercise, it can also act as a guard against the pitfalls listed above. Taking a bit of time to review your online content now may protect you against malpractice claims in the future.

In conclusion, as lawyers, we face many challenges. We have to attract clients, do excellent work, manage a business, stay abreast of changes in the law, etc., etc. I hope this article has provided you some useful guidance and eases your day-to-day burdens a bit. Cheers!

About Finney Law Firm, LLC

Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation.  FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.

FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.

For more information about Finney Law Firm, visit finneylawfirm.com.

Media Contact: Mickey McClanahan; [email protected]; 513.797.2850.